BLOG: Property Tax Appeal
Hospital’s Off-Site Physical Therapy Center Granted Property Tax Exemption
A New Jersey appellate court has held that Hunterdon Medical Center (“HMC”) is entitled to a local property tax exemption for that portion of an off-site Health and Wellness Center (“Wellness Center”) operated by HMC to provide physical therapy (“PT”) service. HMC also provides cardio-pulmonary rehabilitation (CP Rehab) at the Wellness Center, which is located... Read More
Tax Court Lacks Authority to Reduce Tax Payments and Penalties During Pending Appeals
The Presiding Judge of the New Jersey Tax Court recently held that N.J.S.A. 54:3-27 and N.J.S.A. 54:51A-1 do not authorize the court to reduce a taxpayer’s ongoing local property tax obligation and eliminate interest and penalties for failure to pay the total taxes due to the municipality. Plaintiff filed a motion seeking a reduction in... Read More
Lyndhurst Borrows Nearly $4 Million to Refund Successful Tax Appeals
The Township of Lyndhurst introduced a $3.75 million bond ordinance last week to refund taxpayers who pursued successful property tax appeals between 2006 and 2009. Officials cite successful commercial appeals as creating the largest exposure for the Township. According to Mayor Richard DiLascsio, “Our biggest hit came from the Meadowlands. When you see someone come... Read More
New Jersey Supreme Court Grants Certification for Non-Profit Exemption Issue
The New Jersey Supreme has agreed to hear a property tax exemption case, where it will decide whether the International Schools Services, Inc., a non-profit organization, which aids and promotes independent educational associations, forfeited its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related... Read More
Municipalities Reassessing Properties Despite Recent Revaluations
A recent article in the Star-Ledger highlights the large number of towns that are having their local tax assessors conduct reassessments, despite having recently hired private companies to conduct town-wide revaluations. Many towns conducted revaluations during the real estate boom, but are now trying to bring property assessments back in line with market values. Revaluations... Read More
Tax Break Denied to Developer in Jersey City
After purchasing the site known as 77 Hudson in 2006 for $65 million, developer K. Hovnanian recently had its lawsuit seeking a better tax abatement dismissed with prejudice by a Superior Court judge. The project first gained notoriety when one of the project’s units sold for $6 million several years ago. K. Hovnanian sought a... Read More
Appeals Court Affirms Limited Scope of Correction of Errors Statute in Local Property Tax Assessments
A New Jersey appeals court affirmed the State tax court’s grant of summary judgment in favor of the municipality against a taxpayer’s claim that he was entitled to lower property tax assessments for the tax years 2005 through 2008 under the Correction of Errors Statute, N.J.S.A. 54:51A-7. That statute provides, in part, that the tax... Read More
New Legislation Could Deny Property Owners Full Refund of Excess Taxes Up to Three Years
According to a recent article in the Asbury Park Press , Assembly Bill No. 3056, as introduced June 24, 2010, would allow municipalities to reimburse the payment of excess taxes over three years. A Statement appended to the bill adds that “[t]his legislation is intended to relieve municipalities of the burden of paying property tax... Read More
Taxpayer’s Appeal Allowed, Despite Objection to Late Service
Motion to Dismiss Tax Appeal Denied After County Tax Board Attempts to Implement Additional Service Requirements In a holding similar to an earlier decision this year — Hopatcong Fuel On You, LLC v. Hopatcong Borough, __ N.J. Super. __ (Tax 2010) — New Jersey Tax Court Judge Vito L. Bianco denied a municipality’s motion to dismiss a taxpayer’s appeal, where... Read More
NJ Courts Deny Property Tax Exemption
In two recent separate cases, both the Appellate Division of the New Jersey Superior Court and the New Jersey Tax Court have denied local property tax exemptions to not-for-profit organizations. In International Schools Services, Inc. v. West Windsor Township, 412 N.J. Super 511 (App. Div. 2010) the Appellate Division held that a 501(c)(3) tax exempt organization did... Read More
